Acts. 335

Three Planters, chosen to view such Tobacco as aforesaid, shall
cause the said Inspector or Inspectors to pick the same, and shall
cause the bad, unsound, and unmerchantable Tobacco therein, to be
burnt. And for their Trouble, the said Three Planters, who shall
be present at such View, shall be paid by the Inspector or Inspectors,
who offered the same in Payment, Five Shillings each. And if the

Liber H. S.
No. I

said Planters, or any Two of them, shall adjudge the Tobacco, so
offered or tendered in Payment, to be good, sound, and merchant-
able, according to the Directions of this Act, the said Planters so
attending shall be paid by the Party desiring such View, Five

p. 73

Shillings each, as aforesaid. And when any Tobacco shall be ten-
dered or offered in Payment by any Inspector, and refused, the said
Inspector or Inspectors shall not be at Liberty to tender or offer
in Payment, nor the Person demanding the same to receive, any
Tobacco in lieu thereof, before such Tobacco shall have been viewed
as aforesaid; but the Person refusing shall immediately mark the
same. And if any Inspector shall offer or tender in Payment any
Tobacco, in lieu of the Tobacco so refused, before the same shall
have been viewed as aforesaid, or shall not produce the same To-
bacco so refused, to the said Viewers, in either Case, it shall be
taken for a Conviction, that the Tobacco first tendered in Payment
was bad, unsound, and unmerchantable: And moreover, the said
Inspectors shall forfeit and pay Ten Pounds for every such Offence.
And if the Person, who shall refuse any Hogshead of Tobacco as
aforesaid, shall accept and receive another Hogshead of Tobacco,
in lieu of that refused, before such Hogshead so refused shall be
viewed as aforesaid, he shall forfeit and pay Ten Pounds for every
Hogshead.

[Their Fees,
by whom
paid.]
[Tobacco of-
fered and re-
fused, not to
be changed
without
being view'd
under a
Penalty.]

Provided always, and be it Enacted, That where Two Inspectors
in the same Inspection, shall disagree as to the Quality of any
Hogshead or Hogsheads of Tobacco, and that a Review shall be
required, and such Hogshead or Hogsheads, or any Part thereof,
shall be by such Reviewers adjudged unmerchantable, or be burnt
by the Directions of this Act, that then, and in such Case, the In-
spector who was against first passing such Tobacco or Tobaccoes,
shall not be burthened with making Satisfaction for the same, or
any Part or Parcel thereof; but then, and in such Case, the other
Inspector who would have passed the same, and approved thereof,
shall be burthened with, and make Satisfaction for, the whole; any
Thing in this Act to the contrary in any wise notwithstanding.

[In Case In-
spectors dis-
agree
in Opinion.]

And when any prized Tobacco shall be brought to any public
Warehouse, in order to be Shipped on Freight, and the Inspector or
Inspectors there attending, shall Refuse to pass such Tobacco, unless
such as shall be bad and unmerchantable be picked and separated
from the rest, in such Case, the said Inspector or Inspectors, shall
permit the Owner, or other Person bringing such Tobacco, to make
use of one or more of their Prizes, for the repacking and prizing
such Tobacco. And if there shall be several Hogsheads of Tobacco,

p. 74

[What is to
be done by
the Owner
of Tobacco,
when the
same is re-
fused to be
passed by
the In-
spectors.]